IGA MCSO DO ACADEMY MOHAVE COUNTY.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY
BY AND THROUGH THE
MARICOPA COUNTY SHERIFF’S OFFICE
AND
MOHAVE COUNTY
BY AND THROUGH THE
MOHAVE COUNTY SHERIFF’S OFFICE
C-50-17-_____ -3-00
This INTERGOVERNMENTAL AGREEMENT (IGA) is entered into by and between MARICOPA
COUNTY, by and through the MARICOPA COUNTY SHERIFF’S OFFICE and MOHAVE
COUNTY, a political subdivision of the State of Arizona, by and through the MOHAVE COUNTY
SHERIFF’S OFFICE, collectively referred to as the Parties.
Whereas MARICOPA COUNTY SHERIFF’S OFFICE offers Detention Officer Training Academies
on as-needed basis and generally has sufficient space for additional participants.
Whereas MOHAVE COUNTY does not have its own training academy and its detention or
corrections officer recruits are required to be formally trained in an acceptable training program.
MARICOPA COUNTY and MOHAVE COUNTY enter into this IGA regarding Mohave County’s
participation in Maricopa County Sheriff’s Office Detention Officer Academy.
Term:
This IGA shall be for a term of May 1, 2017 through June 30, 2020. This IGA is effective when
signed by the Parties. This IGA may be renewed by written agreement of the parties for one
additional three-year period subject to the Maricopa County Board of Supervisors’ approval prior
to the extension effective date.
Termination/Suspension/Cancellation:
1. Except as otherwise provided herein, each party shall have the right to terminate this
IGA without liability to the non-terminating party by providing written notice of
termination at least thirty (30) days prior to the effective date of said termination.
2. In the event of early termination for any reason, any funds advanced to either party
shall be returned to the advancing party within ten (10) days after the date of
termination or upon receipt of notice of termination of the IGA, whichever is earlier.
3. Either party has the right to terminate this IGA upon twenty-four (24) hour notice
when it is deemed the health or welfare of the service recipients is endangered.
4. In the event of termination or suspension of the IGA by either party, such termination
or suspension shall not affect the obligation of both parties. Parties to indemnify
each other and the State for any claim by any third party against the State or the
terminating party arising from the other party’s performance of this IGA and for which
the other party would otherwise be liable under this IGA. To the extent such
indemnification is excluded by A.R.S. §41-621, et seq. or an obligation is
unauthorized under A.R.S. §35-154, the provisions of this paragraph shall not apply.
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5. Non-Availability of Funds. If funds are not allocated and available for the continuance
of this IGA, this IGA may be terminated by either Party at the end of the period for
which funds are available. No liability shall accrue to Parties in the event this
provision is exercised. Neither Party shall be obligated, or liable for any future
payments of, for any damages as a result of termination under this paragraph.
6. Notice is given that pursuant to A.R.S. § 38-511, the Parties may cancel any IGA
without penalty or further obligation within three years after execution of the IGA, if
any person significantly involved in initiating, negotiating, securing, drafting or
creating the IGA on behalf of the County is at any time while the IGA or any
extension of the IGA is in effect, an employee or agent of any other party to the IGA
in any capacity or consultant to any other party of the IGA with respect to the subject
matter of the IGA. Additionally, pursuant to A.R.S §38-511 the Parties may recoup
any fee or commission paid or due to any person significantly involved in initiating,
negotiating, securing, drafting or creating the IGA on behalf of the County from any
other party to the IGA arising as the result of the IGA. Pursuant to A.R.S. §38-511,
parties, their political subdivisions or any department or agency of either may, within
three years after its execution, cancel any IGA without penalty or further obligation,
made by either party political subdivisions or any department or agency of either if
any person significantly involved in initiating, negotiating, securing, drafting or
creating the IGA on behalf of either party, its political subdivisions or any department
or agency of either is, at any time while the IGA or any extension of the IGA is in
effect, an employee or agent of any other party to the IGA in any capacity or a
consultant to any other party to the IGA with respect to the matter of the IGA. A
cancellation made pursuant to this provision shall be effective when either party
receives written notice of the cancellation, unless the notice specifies a later time.
Maricopa County Sheriff’s Office:
1. Will provide training space as available for Mohave County detention
recruit officers to attend scheduled Detention Officer Training Academies.
2. Reserves the right in its sole discretion to decide whether the Mohave County
recruits maintain the academic standings necessary to continue in the
Academy class.
3. Retains the right, in its sole discretion, to dismiss any recruit for training,
academic, ethical or disciplinary standards applicable to all Detention academy
participants.
4. Will provide Mohave County original individual training records for each of its
recruits upon completion of the Maricopa County Sheriff’s Office Academy or
termination of a recruit’s attendance at the Maricopa County Sheriff’s Office
Academy.
5. Will treat Mohave County recruits in the same manner as Maricopa County
Sheriff’s Office recruits for purposes of training, academics, ethics and
discipline.
6. Will require Mohave County to investigate its recruits should a situation arise for
an Internal Affairs Investigation concerning the actions of one of its recruits.
7. Will bill Mohave County non-refundable registration in the amount of $150, per
registrant for materials after the first full day of the academy which will be
payable to Maricopa County.
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Mohave County:
1. Agrees to pay $150 per registrant.
2. Understands and agrees that the curriculum will consist of the standard Maricopa
County Sheriff’s Office training program for Maricopa County Sheriff’s Office.
The curriculum shall focus on the policies and procedures of the Maricopa
County Sheriff’s Office.
3. Will provide worker’s compensation insurance, salary, benefits, and uniforms for
its recruits.
The Parties agree:
1. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the
other Party (as "indemnitee") from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorney's fees) (hereinafter collectively
referred to as "claims") arising out of the negligent performance of this IGA, but
only to the extent that such claims which result in vicarious/derivative liability to
the indemnitee are caused by the act, omission, negligence, misconduct, or other
fault of the indemnitor, its officers, officials, agents, employees, or volunteers.
2. This IGA is not intended to constitute, create, give rise to, or otherwise recognize
a joint venture agreement, partnership or other formal business association or
organization of any kind, and the rights and obligations of the parties shall be
only those expressly set forth in this IGA.
3. Parties acknowledge that under this IGA no employee or participant, of Mohave
County is to be considered a Maricopa County employee, and that no rights of
Maricopa County civil service, Maricopa County retirement, or Maricopa County
personnel rules shall accrue to such individual. Mohave County shall have total
responsibility for all salaries, wages, bonuses, retirement, withholdings,
workman's compensation, occupational disease compensation, unemployment
compensation, other employee benefits, and all taxes and premiums appurtenant
thereto concerning such individuals and shall save and hold Maricopa County
harmless with respect thereto.
4. Each party to this IGA warrants compliance with the Immigration and Nationality
Act (INA using e-verify) and all other federal immigration laws and regulations
related to the immigration status of its employees and A.R.S. §23-214(A). Each
party shall obtain statements from its subcontractors certifying compliance and
shall furnish the statements to the other party upon request. These warranties
shall remain in effect through the term of this IGA. Each party and its
subcontractors shall also maintain Employment Eligibility Verification forms (I-9)
as required by the Immigration Reform and Control Act of 1986, as amended
from time to time, for all employees performing work under this IGA and verify
employee compliance using the E-verify system and shall keep a record of the
verification for the duration of the employee’s employment or at least three years,
whichever is longer. I-9 forms are available for download at USCIS.GOV. Each
party retains the legal right to inspect contractor and sub-contractors or employee
documents performing work under this IGA to verify compliance with this IGA.
Each party and its subcontractors shall be given reasonable notice of the other
party’s intent to inspect and shall make the documents available at the time and
date specified. Should either party find that the other party or any of its
subcontractors are not in compliance, such non-compliance may be considered a
material breach of this IGA and may pursue any and all remedies allowed by law.
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Nothing set out herein shall make any subcontractor an agent or employee of
either party.
5. Each party shall comply with all applicable laws, ordinances, Executive Orders,
rules, regulations, standards, and codes of the Federal, State, and local
governments whether or not specifically reference herein. The Parties agree that
there will be no discrimination as to race, color, creed, religion, ancestry, national
origin, sex, gender, sexual orientation, gender identity, disability, age, marital
status or status in regard to obligations, work, and services performed under the
terms and any IGA ensuing from this engagement. The Parties will comply with
the Executive Order No. 11246, entitled “Equal Employment Opportunity” and as
amended by Executive Order No. 11375, as supplemented by the Department of
Labor Regulations (41 CFR, Part 60).
6. The laws of the State of Arizona shall govern this IGA. Venue will be in the
Maricopa County Superior Court unless otherwise agreed to between the Parties.
The parties to this Agreement agree to resolve all disputes arising out of or
relating to this Agreement through arbitration, after exhausting applicable
administrative review, to the extent required by A.R.S. § 12-1518 except as may
be required by other applicable statutes.
7. Pursuant to A.R.S. § 35-214 and § 35-215, both parties shall retain and shall
contractually require each subcontractor to retain all data, books and other
records (“records”) relating to this Agreement for a period of five (5) years after
completion of the Agreement. All records shall be subject to inspection and audit
by either party at reasonable times. Upon request, a party shall produce a legible
copy of any or all such records.
8. In accordance with A.R.S. § 35-154, every payment obligation of each party
under this Agreement is conditioned upon the availability of funds appropriated
or allocated for the payment of such obligation. If funds are not allocated and
available for the continuance of this Agreement, this Agreement may be
terminated by either party at the end of the period for which funds are available.
No liability shall accrue to either party in the event this provision is exercised, and
the parties shall not be obligated or liable for any future payments or for any
damages as a result of termination under this paragraph.
9. If any term, covenant, condition or provision of this IGA is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be
affected, impaired or invalidated.
10. This IGA may be amended only by the mutual written consent of authorized
representatives for all Parties and require Board approval.
Any provision of this IGA which is determined to be invalid, void or illegal shall in
no way affect, impair or invalidate any other provision hereof, and remaining
provisions shall remain in full force and effect.
11. Waiver of any breach of any term, conditions or covenant herein contained shall
not be deemed to be a waiver of any subsequent breach of any term, covenant
or condition herein.
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12. Any notice to be given under this IGA shall be sent to the Parties listed below.
If to Maricopa County: If to Mohave County:
Chief, Administration Jail Commander
Maricopa County Sheriff’s Office Captain Don Bischoff
550 W Jackson Street Mohave County Sheriff’s Office
5th Floor 501 W Highway 66
Phoenix, AZ 85003 Kingman, AZ 86401
This IGA may be executed in two or more counterparts, each of which shall be deemed an
original but all of which together shall constitute one and the same instrument. Faxed and copied
signatures are acceptable as original signatures.
IN WITNESS WHEREOF, the Parties hereto have entered into this IGA as of the date of the last
signature set forth below.
Mohave County, a political subdivision Maricopa County, a political subdivision
of the State of Arizona of the State of Arizona
__________________________ ________ __________________________ ________
Gary Watson Date Denny Barney Date
Chairman Chairman
ATTEST: ATTEST:
__________________________ ________ __________________________ ________
Ginny Anderson Date Fran McCarroll Date
Clerk of the Board Clerk of the Board
Mohave County Sheriff’s Office Maricopa County Sheriff’s Office
__________________________ ________ __________________________ ________
Doug Schuster Date Paul Penzone Date
Sheriff Sheriff
Approved as to form: Approved as to form:
__________________________ ________ __________________________ ________
Deputy County Attorney or Date Deputy County Attorney Date
Special Counsel to the Sheriff
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